Published tribunal order
Tenancy Tribunal case 5147452 — Rent arrears
Decided 24 Feb 2025 · Published 24 Feb 2025 · Application 5147452
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
- The tenancy of Donna Maria Te Rongomau Thompson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
- 59 pm on Sunday 16 March 2025.
- The Bond Centre is to pay the bond of $537.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- Donna Maria Te Rongomau Thompson must pay [The landlord/s] $0.00, calculated as shown in the table below:
Reasons
- The landlord attended the hearing by telephone. The Tribunal made several attempts to telephone the tenant for the hearing at the cell phone number provided in the application. All calls diverted to voice mail. The Tribunal also left a message on the tenant’s voice mail advising of the hearing; that the Tribunal would call again; and asking the tenant to answer. A further three calls were made during the hearing, but all diverted to voicemail. I am satisfied that the tenant received notice of the hearing and chose not to attend.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The tenant has breached their obligations by failing to pay rent when due and falling into frequent arrears during the tenancy.
- The landlord has served several 14-day notices on the tenant as follows: a. A notice on 26 April 2024 which required arrears of $590 to be paid by 10 May 2024, which the tenant remedied within the required period; b. A notice on 20 August 2024 which required arrears of $1,020 to be paid by 3 September 2024, which the tenant remedied within the required period. However, the tenant fell into further arrears and the parties entered a repayment arrangement for the arrears which were not cleared until 14 November 2025; c. A notice on 6 December 2024 which required arrears of $840 to be paid by 20 December 2024, which the tenant remedied within the required period; d. A notice on 27 January 2025 requiring arrears of $$1,010 to be paid by 10 February 2025. The tenant did not remedy the breach within the required period and further arrears accrued of $2,030 as of 13 February 2025. The tenant made two lump sum payments of $1,540 on 17 February and $1,000 on 20 February. However, current rent of $510 is still outstanding today.
- The landlord is concerned that there is a pattern of the tenant falling into arrears; making lump sum payments to clear the arrears, but then falling into arrears again. The landlord does not have confidence that the tenant will pay their rent on time and is concerned that this pattern will continue. Because of the uncertainty, the landlord reports that they have currently taken a mortgage holiday.
- While the current rent in arrears is only one weeks’ worth of rent, this pattern of non-payment is not only a breach of the tenant’s obligations but is also causing the landlord a great deal of concern and affecting their ability to service their mortgage. Due to the patten of non-payment; the failure to remedy the latest 14- day notice within the required timeframe; and indeed the failure of the tenant to attend the hearing to provide an explanation for the breaches and some assurance about her ability to pay rent in future, I am persuaded that It would be inequitable to refuse to terminate the tenancy.
- The landlord is willing to give the tenant until the expiry of the fixed term to vacate the premises and seeks termination with effect on that date of 16 March 2025.
- As the landlord has succeeded with their application, their request for suppression of their name and identifying details is granted. They are also entitled to reimbursement of the filing fee on the application.